Asset Forfeiture Laws ‘Evil’ and ‘Unreformable,’ Say Former Justice Department Officials
Last week The Washington Post ran a series of in-depth articles on the problems with civil asset forfeiture. Today, two former justice department officials weighed in on the issue, calling for the abolition of the program they helped create. John Yoder and Brad Cates were directors of the Justice Department’s Asset Forfeiture Office, with a […]
JUSTICE MANUAL 9-116.000 – Equitable Sharing And Federal Adoption
9-116.100 – General Equitable Sharing Policies and Procedures Department of Justice policies and procedures governing the equitable sharing of federally forfeited property, including administration of and participation in the Department of Justice Equitable Sharing Program, application for transfer of federally forfeited property to State and local law enforcement agencies, determination of equitable sharing distributions, and […]
JUSTICE MANUAL 9-115.000 – Use And Disposition Of Seized And Forfeited Property
9-115.100 – Management and Disposal of Seized Assets The United States Marshals Service (USMS) has primary authority over the management and disposal of seized assets in its custody that are subject to forfeiture or are forfeited under laws enforced by agencies within the Department of Justice as well as certain other federal agencies by agreement. […]
JUSTICE MANUAL 9-112.000 – Administrative And Judicial Forfeiture
9-112.110 – Administrative Forfeiture Policy Properties subject to administrative forfeiture must be forfeited administratively, unless one of the following exceptions applies: Where several items of personal property (other than monetary instruments) are subject to civil forfeiture under the same statutory authority, and on the same factual basis, and they have a common owner, and have […]
JUSTICE MANUAL 9-120.000 – Attorney Fee Forfeiture Guidelines
Justice Manual Policy Limitations on Application of Forfeiture Provisions to Attorney Fees
JUSTICE MANUAL 9-121.000 – Remission, Mitigation, And Restoration Of Forfeited Properties
9-121.100 – Attorney General’s Authority With respect to property ordered forfeited under the criminal forfeiture statutes, the Attorney General has statutory authority to— grant petitions for remission or mitigation of forfeiture, restore forfeited property to victims of a violation of [the applicable chapter or subchapter], or take any other action to protect the rights of […]
JUSTICE MANUAL 9-117.000 – Department Of Justice Assets Forfeiture Fund
9-117.100 – Transfer of Funds From the Seized Asset Deposit Fund to the Assets Forfeiture Fund The United States Attorney’s Office securing a forfeiture is responsible for initiating transfers from the Seized Asset Deposit Fund to the Assets Forfeiture Fund and should provide prompt notification to the United States Marshals Service (USMS) of the events […]
JUSTICE MANUAL 9-113.000 – Forfeiture Settlements
9-113.100 – Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions Settlements to forfeit property are encouraged to conserve the resources of both the United States and claimants in situations where justice will be served. See Chapter 11 of the Asset Forfeiture Policy Manual. The following principles must be observed when negotiating and […]
JUSTICE MANUAL 9-111.000 – Forfeiture/Seizure
9-111.110 – Seizure—General Pre-Seizure Planning Policy Guidelines What follows are broad pre-seizure planning policy guidelines for all agencies participating in the Asset Forfeiture Program. Variations to these guidelines are permitted only after consultation with the Money Laundering and Asset Recovery Section (MLARS). The United States Attorney, or in administrative forfeiture cases, the agent in charge […]
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